As a former prosecutor and skilled trial attorney, Mr. Fee has the insight and knowledge to predict and effectively counter the prosecution’s arguments. With Mr. Fee on your side, you can count on having exceptional advocacy, personal service and a dedicated ally fighting for the best possible resolution at every phase of your case.

Have You or a Loved One Been Accused of a Drug Crime?

While the firm’s office hours are 7 a.m. to 9 p.m. Monday through Friday, Mr. Fee is also available evenings and weekends to meet and defend clients. He can meet you at jail or elsewhere to discuss your situation, advise you on how to proceed and provide you with superior defense representation moving forward.

How Are Drug Crimes Classified? What Makes a Drug Offense a Misdemeanor versus a Felony?

A number of factors can determine the severity of drug crime charges, including (but not necessarily restricted to):

The type or schedule of the drug(s) involved

The amount of drugs associated with the case

Whether the drugs were being manufactured, sold and/or trafficked.

The following table outlines the drug schedules set forth by Colorado law.

Drug Schedule

Description

Examples

Schedule I Drugs

Highly addictive, unacceptable or unsafe for medical use

LSD, Heroin, Mescaline

Schedule II Drugs

Addictive, some may have acceptable medical uses

Oxycodone, Morphine, Cocaine

Schedule III Drugs

Lower risk for addiction, some acceptable medical uses

Steroids, Codeine, Ketamine

Schedule IV Drugs

Low risk for addiction, some acceptable medical uses

Diazepam, Zolpidem

Schedule V Drugs

Least dangerous & least likely to be addictive, accepted medical uses

Over-the-counter cough syrup with small amounts of codeine

The more addictive and dangerous a drug is (based on the above schedules), the harsher the charges can be for even relatively small amounts of the drug.

Potential Penalties for Drug Crimes in Colorado

The penalties that can be imposed in drug crimes cases depend on factors like (but not limited to):

The nature of the charges filed, including whether the charges are misdemeanors or felonies and whether they involve allegations of drugs for personal use or distribution.

Whether the accused has prior drug crime convictions and, if so, whether the accused was on probation or parole when the alleged crime occurred.

The table below shows the potential penalties for felony and misdemeanor drug crimes.

Drug Crime

Example

Jail or Prison Time
(Sentence for Crimes with Aggravating Factors

Fines &
Mandatory Parole

Level 1 Felony

Selling at least 225 grams of a Schedule I or II drug

8 to 32 yrs.
(12 to 32 yrs.)

$5,000 to $1,000,000
3 yrs. mandatory parole

Level 2 Felony

Selling between 14 grams & 225 grams of a Schedule I or II drug

4 to 8 yrs.
(8 to 16 yrs.)

$3,000 to $750,000
2 yrs. mandatory parole

Level 3 Felony

Selling less than 14 grams of a Schedule I or II drug

2 to 4 yrs.
(4 to 6 yrs.)

$2,000 to $500,000
1 yr. mandatory parole

Level 4 Felony

Selling less than 4 grams of a Schedule III or IV drug

6 to 12 mos.
(1 to 2 yrs.)

$1,000 to $100,000
1 yr. mandatory parole

Level 1 Misdemeanor

Possession of a Schedule III, IV or V drug

6 to 18 mos. (jail)

$500 to $5,000

Level 2 Misdemeanor

Attempting to Commit a Level 1 Misdemeanor

Up to 12 mos. (jail)

$50

Please be aware that, with drug crime cases, it may be possible to seek drug treatment in lieu of some (or all) jail time.

How to Fight Drug Crime Charges

The most effective strategies for fighting drug crime charges will hinge on the specific circumstances and evidence associated with a case. Generally, however, some viable options for drug crime defense cases can include arguing that:

The drugs did not belong to the defendant, and (s)he did not know about them.

Strategic, skilled and relentless, Mr. Fee is highly effective at protecting his clients’ rights as he helps them successfully navigate the criminal justice system. He knows how to frame and present convincing defense cases to judges, juries and district attorneys, positioning his clients for the best possible outcomes.

Telluride Criminal Defense Lawyer Jon R. Fee is licensed to practice in the states of Colorado and Maryland, as well as in the U.S. District Court for the District of Colorado. His enduring record of superior advocacy and success in drug crime (& other criminal) cases has earned him a 5-star rating on Facebook.